INTRODUCTIONThis Seminar will try to provide: A general presentation of the immigration programs Canadian citizenship A short presentation of immigration juridictions and the pertinent jurisprudence.
GLOSSARYI. Temporary immigration programII. Permanent immigration programIII. Canadian citizenship processIV. Judicial jurisdiction: “The Dragon Case”
A. Working in Canada A work permit is usually required to work temporarily in Canada. If the applicant wants to work in the Province of Québec he also has to get a Québec Acceptance Certificate. The application can be filed from inside Canada, from outside or even on one’s arrival in Canada, depending on the circumstances.
Categories exempt from Work PermitsAthletes and coaches Family members of foreignAviation accident or incident representativesinvestigators Foreign representativesBusiness visitors Health-care studentsCivil aviation inspectors Judges, referees and similarClergy officialsConvention organizers Military personnelCrew members News reporters, film andEmergency service providers media crews Performing artistsExaminers and evaluators Public speakersExpert witnesses or investigators Students working on campusForeign government officers
A. Working in Canada1. The Labour Market Opinion (LMO)2. The NAFTA3. Intra-company transfers4. The Live-in Caregiver program
A. Working in Canada 1.The Labour Market Opinion (LMO) Every year, Canadian employers hire foreign workers to help address skill and labour shortages. In most cases, the employers must file an application for LMO. The purpose of the LMO is to assess the impact of the foreign worker in the Canadian labour market.
A. Working in Canada 2. The NAFTA (North American Free Trade Agreement) Members: Canada, USA and Mexico Deals with temporary admission of businessmen and professionals Creates one of the world’s largest free trade zones Encourages economic growth and rising prosperity businesspeople/visitors negotiate the sale or purchase of goods and services Market and provide after-sales services. Example : Business visitors from the USA or Mexico can enter Canada to sell their goods or services.
A. Working in Canada 3. Intra-company transfersConditions: The applicant must have a letter from a company which is carrying on business in Canada which identifies the holder as an employee of a branch, subsidiary or parent of the company located outside of Canada; He must seek entry to Canada to work in an executive or managerial position or have specialized knowledge and have an intention to work for a temporary period; A written job offer from a senior officer of the Canadian Company, addressed to the CIC is required; The applicant must prove that they have been working for the foreign company for at least 1 year in the 3 years preceding the application.
A. Working in Canada 4. The Live-in Caregiver programLive in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision.They must live in the private home where they work in Canada.
A. Working in Canada 4. The Live-in Caregiver programEligibility conditions: A positive LMO from an employer in Canada; A written contract with the applicant’s future employer signed by both employer and employee; Successful completion of the equivalent of Canadian Secondary School education; At least 6 months’ training or 1 year of full time work experience as a caregiver; Good knowledge of English or French; A Work Permit issued before entering Canada.
A. Working in Canada4. The Live-in care giver program
B. Studying in Canada: Study Permit Canada has one of the best educational systems of the world. Every year, thousands of students come from other countries to go to Canadian schools, colleges or universities.
B. Studying in Canada: Study Permit First, the student must be accepted in an educational establishment in Canada. After that, he must obtain a study permit if he wants to register in a program that lasts longer than 6 months. He will have to provide his acceptance letter and prove that he has sufficient funds for: - School fees - Living expenses (for him and any dependents who come with him) - Transport expenses (trip back, …)
C. Visiting Canada: Visitor VisaEvery year, more than 5 million people visit Canada toenjoy the many opportunities our country has to offer ;To visit Canada one must:- Has a valid travel document, such as a passport;- Be in good health;- Satisfy an immigration officer that he has ties to his home country,such as a job, home and family, that will require that he returns tohis country of origin;- Satisfy an immigration officer that he will leave Canada at the endof his visit; and- Has enough money for his stay.
C. Visiting Canada: Visitor VisaDepending on one’s nationality, one may have to apply for a Temporary Resident Visa before entering into Canada.The Visitor Visa does not allow individuals to work or study inCanada. The Visitor Visa is valid for six months from the date of entry to Canada.If he wishes to extend his visitor status, he must apply 30 days before the expiration of the visa for an extension. In case of a family visit, each member must file a separate application.
A. Humanitarian and compassionate groundsIf one believes their situation merits humanitarianand compassionate considerations, they must clearlyoutline those reasons in their application.Applications for permanent residence made onhumanitarian and compassionate grounds are onlyapproved in exceptional circumstances and it couldtake many years to process an application.If the applicant has to leave Canada, his applicationwill still be processed.
A. Humanitarian and compassionate grounds Any person can ask to stay in Canada for motives of humanitarian concern.Usually, Humanitarian and Compassionates grounds can be found in two different situations: Hardships Risks
A. Humanitarian and compassionate grounds Hardships- Situations that would cause problems of serious suffering;- Medical Hardships for the applicant or his family. Refusals can be reviewed by the Federal Court of Canada.
A. Humanitarian and compassionate grounds RisksThe applicant must show that if he is forced to go back to his country of origin, he will face torture, persecution, cruel treatment or that his life is in danger.
B. The Refugee programA refugee is someone who is out of his country of originor of habitual residence and who is not able to go backthere because of persecution related to: - His race; - His religion; - His political opinions; - His nationality; - His belonging to a social group.
B. The Refugee programA person needing protection is someone who is inCanada and who fears going back to his country oforigin or of habitual residence for the following reasons:- Risk of being tortured;- Risk to his life;- Risk of cruel and unusual treatment or punishment.Canada provides protection to thousands of people everyyear and offers refugee protection.
C. Sponsorships A Canadian Citizen or permanent resident may sponsor the following individuals to come to Canada as permanent residents:- Her/his spouse- Her/his common-law partner or- Her/his conjugal partner or- Her/his dependent children- Her/his parents or grandparents Both the sponsor and his relative must meet certain criteria. Applicants for permanent residence must go though medical and criminal background screening.
C. Sponsorships The Family class sponsorshipThe relationship between the Sponsor and theSponsored Person must be one of the following: Spouse, common-law partner, or conjugal partner; or Parent or grandparent; or Dependent child; or Brother, sister, nephew, niece, or grandchild who is orphaned, under 18 years of age and not married or in a common-law relationship; or Intended adopted child under 18 years of age; or Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian Permanent Residents (limited to one relative only).
D. Skilled workers and professionals 1. Federal skilled workers and professionals Skilled workers are selected as permanent residentsbased on: -Their education -Their work experience -Their knowledge of English and/or French -Other criteria… (which help them become economically established in Canada) The applicant must also show that he has enough money tosupport himself and his dependants after he arrives in Canada.
D. Skilled workers and professionalsFederal skilled worker applications are assessed foreligibility according to the following criteria:Based on the results of their official language proficiencytestANDBased on having a valid offer of employment or arrangedemployment, ORBased on having one year of continous full time “paid” workexperience in at least one of the occupations listed in the nextslide.
List of the 29 eligibles occupations (Federal Skilled Workers) 0631 Restaurant and Food Service Managers • 3233 Licensed Practical Nurses 0811 Primary Production Managers (Except • 4151 Psychologists • 4152 Social Workers Agriculture) • 6241 Chefs 1122 Professional Occupations in Business • 6242 Cooks Services to Management • 7215 Contractors and Supervisors, 1233 Insurance Adjusters and Claims Carpentry Trades Examiners • 7216 Contractors and Supervisors, Mechanic 2121 Biologists and Related Scientists Trades 2151 Architects • 7241 Electricians (Except Industrial & 3111 Specialist Physicians Power System) 3112 General Practitioners and Family • 7242 Industrial Electricians Physicians • 7251 Plumbers • 7265 Welders & Related Machine Operators 3113 Dentists • 7312 Heavy-Duty Equipment Mechanics 3131 Pharmacists • 7371 Crane Operators 3142 Physiotherapists • 7372 Drillers & Blasters - Surface Mining, 3152 Registered Nurses Quarrying & Construction 3215 Medical Radiation Technologists • 8222 Supervisors, Oil and Gas Drilling and Service 3222 Dental Hygienists & Dental Therapists
D. Skilled workers and professionals 2. Québec selected skilled workers and professionals Under the Canada-Québec Accord, Québec canestablish its own requirements in immigration matters andselect its own immigrants who they believe will adapt tothe province’s lifestyle. To be selected, the applicant must: - Plan to live in Québec with the purpose of working there; - Have acquired training and professional skills whichwill make his integration into the workplace easier.
E. Canadian Experience categoryTo apply under this category, the applicant must:- Plan to live outside the province of Quebec- Be either . A temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or . A foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada: 1. Have gained experience in Canada with the proper work or study authorization 2. Apply while working in Canada – or - within one year of leaving a job in Canada . Include the results of an independent language test
F. EntrepreneursThe Entrepreneur program seeks to attract experienced businesspersons who will own and actively manage businesses in Canada that contribute to the economy and create jobs.The Applicant has to follow the Federal Program rules.If he wants to go in Quebec, the Applicant will have to satisfy the Provincial Program of Quebec rules.
F. Entrepreneurs 1. The Federal ProgramThe Entrepreneur must : Show that they have business experience Have a minimum net worth of $300,000 (CAD) that was obtained legally and, Respect the conditions for entrepreneurs after they arrive in Canada.
F. Entrepreneurs 2. The Provincial Program of QuebecTo be eligible: Have net assets of at least $300,000 (CAD) (alone or with his spouse or common-law partner); Have at least two years of experience acquired during the five years preceding the date he submitted the application in a lawful and profitable business that he managed alone or with his spouse or common law partner controlling at least 25% of the capital equity;
The experience in running a business is defined as the actual and full-time assuming of the responsibilities and duties related to the planning, the management and control of the material, financial and human resources. The entrepreneur may chose one of the two following program components: - Ability to carry out a business project - Acquisition of a business in Québec In both cases he must control, alone or with hisaccompanying spouse or common-law partner, at least 25%of the capital equity with a value of at least $100,000 (CAD)
F. EntrepreneursOther factors considered:- Age and age of the spouse or common-law partner;- Nature and duration of the applicant’s training;- Language skills;- Applicant’s personal qualities and his knowledge of Québec;- His ability to acquire or create a business in Québec or his ability to carry out a business project; In addition, upon his arrival in Québec, he must operate the business, for at least one year during the three years after obtaining permanent resident status.
G. Investors 1. The Federal Program The Immigrant Investor program seeks experienced business people who are willing to invest $800,000 (CAD) into Canada’s economyThe Investor must: Show that he has business experience; Have a minimum net worth of $1,600,000 (CAD) that was obtained legally and, Make a $800,000 (CAD) investment. Citizenship and Immigration Canada will return to the investor the $800,000 (CAD), without interest, after five years.
G. Investors 2. The Provincial Program of QuebecTo be eligible: Have net assets of at least $1,600,000 (CAD) (alone or with his spouse or common-law partner); Have experience in management in a legal farming, commercial or industrial business, etc…; Intend to settle in Québec and sign an agreement to invest $800,000 (CAD) with a financial intermediary (broker or trust company) authorized to participate in the Investor program.
III. CANADIAN CITIZENSHIP Canadian Citizenship is one of the most sought after citizenships in the worldTo be eligible to become a Canadian citizen:Be at least 18 years oldHave Permanent Resident status in Canada. That status mustnot be in doubt;Time lived in Canada: For Adults only -> have lived inCanada at least three years (1095 days) in the past four yearsbefore applying;Language ability in one of the two officials languages inCanada : English and/or French;No Criminal Record
III. CANADIAN CITIZENSHIPThe applicant cannot become a citizen if he: Has been convicted of an indictable (criminal) offence or of an offence under the Citizenship Act in the three years before he applied; Is currently charged with an indictable offence or an offence under the Citizenship Act; Is in prison, on parole or on probation; Is under a removal order (has been ordered by Canadian officials to leave Canada); Is under investigation for, or charged with, or has been convicted of a war crime or crime against humanity; or Has had his Canadian citizenship taken away in past years.
A. APPEAL OF A FEDERAL DECISIONThe appeal of decisions coming from Canadian Embassies of Federal departments are heard at: The Immigration Appeal Division (IAD)1.An appeal is allowed in cases if the decision being appealedwas wrong in law or fact, or if there was a breach of a principleof natural justice or in some cases, on the basis of humanitarianand compassionate considerations. The Federal Court2.Its authority derives primarily from the Federal Courts Act.
A. APPEAL OF A FEDERAL DECISION1. The Immigration Appeal DivisionHears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.Four types of Appeals:- Sponsorship appeals;- Appeals from a removal order- Residency obligation appeals- Minister’s appeals of an IAD decision
A. APPEAL OF A FEDERAL DECISION2. The Federal Court The Federal Court hears all claims emanating from a decision of the Federal administration. More than 60% of its activity is composed of Immigration Law.
B. APPEAL OF A QUEBEC DELEGATION DECISION The Tribunal Administratif du Québec1.A decision from a delegation of Quebec is heard at theIAD. The Superior Court2.If the Appeal is rejected by the Tribunal Administratifof Québec, the Superior Court can review theadministrative decision.
C. JURISPRUDENCE: “The Dragan Case”Story: 300,000 Applicants applied for permanent residence in Canada before June 28, 2002, the day that the Immigration And Refugee Protection Act, S.C, c.27 (IRPA) came into force. The former Act stated that 70 points were required to be eligible whereas the new one required 75.125 applicants filed Mandamus applications to be interviewed prior to June 28, 2002.Brownstein, Brownstein & Associates were the lawyers representing 47 of the 125 mandamus applicants. They won all their case. Their clients were all interviewed at CND Embassies worldwide prior to June, 2002 based on the old rules.
CONCLUSIONBoth Canada and Quebec offer many immigration programs to serve people with differentbackgrounds. Immigration law is a very complex field subject to frequent changes.WE HOPE THAT YOU ARE NOW ABLE TO HAVE A BETTER GENERAL UNDERSTANDING OF THE DIFFERENT IMMIGRATION PROGRAMS.